LRD guides and handbook June 2014

Law at Work 2014

Chapter 2

The Gangmasters’ Licensing Authority

[ch 2: page 51]

The Gangmasters Licensing Authority, established following the Morecombe Bay cockle-picking tragedy in which 23 Chinese workers lost their lives, plays a key role in outlawing bogus self-employment in the sectors where it operates: agriculture, horticulture, shellfish gathering, food and drink processing and packaging. It is a criminal offence to supply workers without a licence or to use an unlicensed labour provider.

However, in the last 12 months, government pressure has led to a weakened inspection regime. Since October 2013, the GLA no longer automatically inspects all businesses applying for an operating licence. Instead, it uses a “risk-based” approach. This change, according to the GLA’s own analysis, could result in more than one in 10 rogue gangmasters being awarded a licence.

Trade unions have called for the GLA’s remit to be extended to other sectors where workers are at high risk of exploitation, including construction, hospitality and social care, but there is no chance of this happening under the current administration. On the contrary, the GLA’s remit has been reduced, removing its responsibility for forestry workers, as well as for apprentices supplied by Apprentice Training Agencies.

In April 2014, the GLA moved to the Home Office.